When former President Reagan signed the landmark Immigration Reform and Control Act of 1986 (IRCA), it mandated that employers verify the “right to work” status of every newly hired employee within three days of employment. Specifically, it required employment eligibility verification through completion of the Form I-9. However, large numbers of employers are not in compliance with this law, and the risks for the employer who fails to fully comply with this law are significant. Whether the oversights are intentional, or unintentional, the consequences may be immediate and harsh, including large financial penalties imposed by the Department of Homeland Security (DHS) and disruption of the work environment by the untimely removal of unauthorized employees. Most employers are unaware that they have a problem with Form I-9 employment eligibility verification requirements until they are inspected by governmental authorities. By that time, it is generally too late to undo the damage.
The Systematic Alien Verification for Entitlements (SAVE) Program is run by the Bureau of U.S. Citizenship and Immigration Services (USCIS), under DHS, to administer programs that provide access to information contained in the Verification Information System (VIS) database. The VIS is a nationally accessible database of selected immigration status information.
The SAVE Program enables Federal, state, and local government agencies to obtain immigration status information that they need in order to determine an applicant's/recipient's eligibility for many public benefits. The SAVE Program also administers employment verification pilot programs that enable employers to verify the work authorization of their newly hired employees. In particular, the program allows employers to perform verification checks in the Social Security Administration (SSA) and DHS databases. Employers can use the SAVE Program's web-based access to verify the employment authorization of their newly hired employees. Access to the system is provided to an employer's Designated Agent upon execution of a Memorandum of Understanding and an Agency Agreement.
The events of 9/11 have further heightened the Federal Government's concern about the employment of unauthorized workers. Therefore, there is a substantial need for a system and method which assists Human Resources professionals with Form I-9 and employment eligibility compliance issues.